If the landlord serves a 60 day notice to terminate, the tenant owes rent covering the 60 day period (as well as any rent owed covering the period prior to service of the 60 day notice). If the tenant accepts rent to cover rent for the period after the 60 day period, the acceptance of rent creates a new month-to-month tenancy, which voids the 60 day notice.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
yes ... and if they still pursue a ud after accepting rent, that is a defense in the answer form
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